متي تدفع ضريبة التصرفات العقارية ( البائع والمشترى) الحلقة رقم ١٠٠

A legal and social channel addressing the most important issues in Egyptian society by providing legal consultations in all areas of law and for all types of cases. In this episode, we discuss the real estate transaction tax in a simplified manner, including who is obligated to pay it and whether it is legally permissible to avoid paying it. Who is obligated to pay the 2.5% tax on real estate transactions, sales contracts, and tax-exempt transactions? What is the real estate transaction tax, and how is it paid? Learn about the details of implementing the real estate transaction tax. Presidential Decree No. 158 of 2018, amending the provisions of Income Tax Law No. 91 of 2005, was issued after its approval by the House of Representatives. (A tax of 2.5% is levied, without any reduction, on the total value of the disposal of built properties or land designated for construction, excluding villages, whether the disposal is of the property in its original state or after the construction of buildings upon it, and whether the disposal includes the entire property, a part of it, a residential unit thereof, or otherwise, and whether the buildings are erected on land owned by the taxpayer or another party, and whether the contracts for these disposals are registered or unregistered.) The contribution of real estate as an in-kind share in the capital of joint-stock companies is exempt from this tax, provided that the corresponding shares are not disposed of for a period of five years. The transferor is obligated to pay the tax within thirty days of the date of the transfer. The late payment penalty stipulated in Article (110) of the Income Tax Law applies starting from the day following the expiry of the specified period. The transferee is jointly liable for the payment of this tax and the late payment penalty, without prejudice to the transferee's right to recover from the transferor the amount of tax and late payment penalty paid. According to Article (42), real estate registration offices, courts, electricity and water companies, local government units, and other entities are prohibited from registering the property or providing services to the property subject to the transfer unless the concerned party presents proof of payment of the tax on this property. The article also stipulates that, for the purposes of applying the provisions of this article, the following are considered taxable transfers: transfers by will, donation, or gift to ascendants, spouses, or descendants; the establishment of a usufruct right over the property; or its lease for a period exceeding fifty years. Forced sales, whether administrative or judicial, as well as expropriation for public benefit or improvement, are not considered taxable transfers. Similarly, transfers by donation or gift to the government, local government units, public legal entities, or public benefit projects are not considered taxable transfers. The year. The article stipulated that "the amount paid of this tax shall be deducted from the total taxes due from the taxpayer in the event of the application of clause (7) of Article (19) of the Income Tax Law and its amendments." According to the text of Law No. 91 of 2005 and its amendments No. 1 of 2013, its Executive Regulations No. 991 of 2005, and Circular No. 16 of 2014, the following are exempt from paying the tax: - Residences or land prepared for construction in villages. - An heir who inherits property in its condition at the time of inheritance. Contributing real estate as an in-kind share in the capital of joint-stock companies, provided that the corresponding shares are not disposed of for a period of five years. - Donations and gifts to relatives of ascendants and descendants, and forced sales. - Real estate expropriated for public benefit, and donations of real estate to government agencies and state bodies. - Real estate purchased from real estate companies, developers, or state housing projects. - Agricultural land not prepared for construction; because You pay agricultural land tax. Want to sign a contract but worried about its legal loopholes, afraid of being scammed, and want to protect your rights? Having a family issue (divorce initiated by the wife, divorce, alimony, marital home, list of inheritance, visitation rights, custody)? With us, your problem will be solved, God willing. Bought an apartment, land, or villa and want to register it, or have problems with it? Contact us, and we'll solve it. Were you scammed out of money and don't know how to get it back? Discovered you have a judgment against you and don't know how to proceed? We have the solution. Want to establish a company, factory, or any individual business and don't know where to start? With us, you'll receive your company's complete paperwork as quickly as possible. We can resolve other issues and events. The office of Mr./Mahram Lashin, Attorney at Law, includes a number of qualified lawyers and accountants ...